40A-2.301. Conditions for Issuance

(1) To obtain a water use permit, renewal, or modification, an applicant must provide reasonable assurance that the proposed water use, on an individual and cumulative basis: (a) Is a reasonable-beneficial use; (b) Will not interfere with any presently existing legal use of water; and (c) Is consistent with the public interest. (2) In order to provide reasonable assurances that the water use is reasonable-beneficial, an applicant shall demonstrate that the use: (a) Is a quantity that is necessary for economic and efficient use; (b) Is for a purpose and occurs in a manner that is both reasonable and consistent with the public interest; (c) Will utilize a water source that is suitable for the consumptive use; (d) Will utilize a water source that is capable of producing the requested amount; (e) Except when the use is for human food preparation or direct human consumption, will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible, except for the following agricultural water uses: 1. Water used for washing hands during and after harvest activities; 2. Water that is applied in any manner that directly contacts produce during or after harvest activities (for example, water applied for washing or cooling); and 3. Water used to make ice that directly contacts produce during or after harvest activities.; (f) Will not cause harm to existing offsite land uses resulting from hydrologic alterations; (g) Will not cause harm to the water resources of the area in any of the following ways: 1. Will not cause harmful water quality impacts to the water source resulting from the withdrawal or diversion; 2. Will not cause harmful water quality impacts from dewatering discharge to receiving waters; 3. Will not cause harmful saline water intrusion or harmful upconing; 4. Will not cause harmful hydrologic alterations to natural systems, including wetlands or other surface waters; and 5. Will not otherwise cause harmful hydrologic alterations to the water resources of the area; (h) Will not cause harm to an Outstanding Florida Spring or its spring run per Rule 62-41.402, F.A.C., in any of the following ways: 1. Will not cause harmful water quality impacts to an Outstanding Florida Spring or its spring run resulting from the withdrawal or diversion; 2. Will not cause harmful water quality impacts to an Outstanding Florida Spring or its spring run resulting from dewatering discharge; 3. Will not cause harmful saline water intrusion or harmful upconing to an Outstanding Florida Spring or its spring run; 4. Will not cause harmful hydrologic alterations to an Outstanding Florida Spring or its spring run; and 5. Will not otherwise cause harmful hydrologic alterations to an Outstanding Florida Spring or its spring run.; (i) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and (j) Will not use water reserved pursuant to Section 373.223(4), F.S.